Washington Jury Instruction - 3.3 Breach of Fiduciary Duty

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

WHAT CONSTITUTES A BREACH OF FIDUCIARY DUTY? A breach can occur under three categories: care, loyalty and candor. In short, these three categories mean, respectively, that a fiduciary must act in a reasonable and prudent way, they must act in the best interests of their beneficiary (i.e. an employer, client, etc.)

In order to claim remedies for breach of fiduciary duty, a complainant needs to establish four things: There was an existence of a duty between the complainant and the fiduciary. The fiduciary owed a duty of trust and faith to the complainant. There has been a breach of duty by the fiduciary.

Pattern Jury Instr. Civ. WPI 11.01 (7th ed.) Contributory negligence is negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.

Elements. A plaintiff alleging a breach of a fiduciary duty ?must prove (1) existence of a duty owed, (2) breach of that duty, (3) resulting injury, and (4) that the claimed breach proximately caused the injury.? Micro Enhancement Int'l, Inc. v.

The breach of fiduciary duty must have caused harm or resulted in some sort of damages to the party who trusted the fiduciary. Or, the breach of fiduciary duty must be the direct and foreseeable cause of the damages suffered by the harmed party (proximate cause).

The standard for proving a breach of fiduciary duty varies from jurisdiction to jurisdiction. Typically, a claim for breach of fiduciary duty includes four elements: 1) the existence of a fiduciary duty; 2) a breach of that duty (through an act or omission); 3) damages; and 4) causation.

Common Examples Of Breach Of Fiduciary Duty Claims An executor (fiduciary) takes funds from an estate they oversee and uses them for personal matters. An attorney (fiduciary) ignores their client's instructions, which causes the client harm.

Proving an Actual Breach of Fiduciary Duty Is Difficult In a personal injury case, proving a breach of duty is often the most contested part. Here, you must demonstrate what the fiduciary did that fell short of their duty.

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Washington Jury Instruction - 3.3 Breach of Fiduciary Duty